So you may be thinking, since you were the one rear-ended it is automatically the other driver’s fault, right? That common misunderstanding of rear-end accident fault is not accurate. Texas is what is known as a modified comparative fault state, meaning you are permitted to recover damages from a car accident if you were less than 51% at fault, but your damage total will be reduced by your percentage of fault. For example, if your total damage amount is $100,000 and you were 30% at fault, your damages will be reduced by 30% leaving you with a $70,000 recovery.
A common rear-end collision defense is that the lead driver stopped suddenly without warning and the second driver had no time to prepare or react. And this is why you need to be extremely careful if you are interviewed by the other driver’s insurance company. Their interview may be designed to find some fault to allocate to you and they may use your answers to do just that. Call a Dallas car accident attorney at the Law Office of Dorothy Hyde who has extensive experience in dealing with insurance companies and will work to see that you are fully compensated for your injuries.